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provided in this paragraph, if at any time the projected monthly depletions from well <br />pumping and the return flow obligations which must be replaced under this plan <br />exceed the amount of projected monthly augmentation supplies, Pinneo shall <br />immediately do either of the following: <br />1) Additional Water Rights: Pinneo shall secure by purchase, lease, or other written <br />agreement water rights in accordance with Paragraphs 29(A) and 2903) which <br />will be sufficient in time, location and amount to replace all projected monthly <br />depletions and return flow obligations. The use of such water rights shall also be <br />in accordance with this decree; any decree for such water rights; or any statutes, <br />rules, regulations or resolutions governing the use of such sources. <br />2) Reduction of Projected Out-of-Priority Depletions: Pinneo shall reduce the out- <br />of-priority depletions from the Pinneo Feedlot Wells by curtailing well pumping <br />in an amount which will assure that all well depletions and return flow obligations <br />projected under these provisions will be replaced in time, location and amount in <br />accordance with the terms and conditions of this decree. <br />34. Pursuant to C.R.S. §37-92-304(6), the decreed plan for augmentation shall remain subject <br />to reconsideration for five (5) years after the date of this decree for reconsideration of the <br />question whether the provisions of this decree are necessary or sufficient to prevent <br />injury to the vested water rights or decreed conditional water rights of others. Any <br />person may, within the five-year period, petition this Court for the purpose of modifying <br />this decree. The petition to invoke retained jurisdiction or to modify the decree shall set <br />forth with particularity the factual basis upon which the requested reconsideration is <br />premised, together with proposed decretal language to effect the petition. Unless <br />otherwise stated in this decree, the party lodging the petition shall have the burden of <br />going forward to establish the prima facie facts alleged in the petition. If this Court finds <br />those facts to be established, Pinneo shall thereupon have the burden of proof to show: <br />(1) that any modifications sought by Pinneo will avoid injury to other appropriators; (2) <br />that any modification sought by opposers is not required to avoid injury to other <br />appropriators; or (3) that any term or conditions proposed by Pinneo in response to an <br />opposer's petition does avoid injury to other appropriators. Such petition shall be filed <br />with this Court under the above-styled caption and case number and shall be served by <br />certified mail, return receipt requested, on counsel of record for all parties who have <br />appeared in this matter. If no such petition is lodged within the five-year period, and if <br />the retained jurisdiction period is not extended by the Court in accordance with the <br />provisions of the statute, this decree shall become final under its own terms. <br />35. The conditional appropriative rights of exchange for the Pinneo Surplus Credit Recycling <br />Exchanges are approved. The application for such conditional water rights was filed in <br />the court on August 1, 2006. The appropriative rights of exchange shall be administered <br />as having been filed in that year, and shall be junior to all water rights for which <br />applications were filed in previous years. As between all water rights for which <br />applications were filed in the same calendar year, priorities shall be determined by <br />historical dates of appropriation and not affected by the date of entry of decree. <br />32 of 33